Clause 40 - Defence of acting under employer's instructions
Clean Neighbourhoods and Environment Bill
9:30 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
May I start by saying how good it is to see you in the Chair this morning, Mr. Taylor? I always enjoy serving on Committees under your stewardship. May I also welcome the hon. Member for Bury St. Edmunds (Mr. Ruffley) on his guest appearance?
Clause 40 amends section 33 of the 1990 Act under which it is an offence to dispose of waste illegally. The amendment, as the hon. Gentleman rightly states, removes the defence of acting under one's employer's instructions. The hon. Gentleman said that an employee of a company may be threatened and intimidated. That is quite possible. I am sure that was the reasoning for the original provision in the 1990 Act. The problem, as hon. Members may know, is that that is used as an enormous loophole. An employee can use that defence when he has been apprehended for illegal activities. He can argue that he was simply following orders, and we all know the connotations of that. It is too great a loophole.
The court can take a genuine case of intimidation and bullying into account as a mitigating factor. It does not detract from the fact that it is an illegal activity. Someone has carried out an illegal activity, whether or not they were being intimidated or bullied. Those individuals should bear some responsibility, but the intimidation is a factor that could be taken into account by the court and that could influence the level of fine or other punishment. It is important that we do not allow this loophole to remain. I hope that the hon. Gentleman accepts that the courts can take this into consideration. He made some valid points, but it is important to close the potential loophole.